Hong Kong Ordinances

CROWN PROCEEDINGS ORDINANCE - SECT 16

Nature of relief

(1) In any civil proceedings by or against the Crown the court shall, subject
to the provisions of this Ordinance, have power to make all such orders as it
has power to make in proceedings between subjects, and otherwise to give such
appropriate relief as the case may require: Provided that-

   (a)  where in any proceedings against the Crown any such relief is sought
        as might in proceedings between subjects be granted by way of
        injunction or specific performance, the court shall not grant an
        injunction or make an order for specific performance, but may in lieu
        thereof make an order declaratory of the rights of the parties; and

   (b)  in any proceedings against the Crown for the recovery of land or other
        property the court shall not make an order for the recovery of the
        land or the delivery of the property, but may in lieu thereof make an
        order declaring that the plaintiff is entitled as against the Crown to
        the land or property or to the possession thereof.

(2) The court shall not in any civil proceedings grant any injunction or make
any order against an officer of the Crown if the effect of granting the
injunction or making the order would be to give any relief against the Crown
which could not have been obtained in proceedings  against the Crown. [cf.
1947 c.44 s.21 U.K.]